Regarding the licensing of business activities for the production and sale of personal protective equipment and responsibility for conducting this type of activity without obtaining a license

In accordance with paragraph 11 of the first part of Article 7 of the Law of Ukraine “On Licensing of Business Activities” (hereinafter — the Law), activities for the production and sale of personal protective equipment are subject to licensing.

According to part six of Article 42 of the Law of Ukraine “On the National Police” and part three of Article 15 of the Law of Ukraine “On the National Guard of Ukraine”, personal protective equipment includes helmets, body armor and other special equipment.

Therefore, activities for the production and sale of helmets and body armor, the components of which are armor plates and plate holders, can be carried out by business entities only if there is a license to conduct business activities for the production and sale of personal protective equipment.

At the same time, we inform you that the first part of Article 1 of the Law specifies that a license is the right of a business entity to conduct a type of business activity or a part of the type of business that is subject to licensing.

Thus, according to the license issued to carry out activities for the production of special personal protective equipment, it is possible to carry out activities only from production. This license does not grant the right to conduct activities for the sale of personal protective equipment.

In accordance with part nine of Article 15 of the Law, in case of an intention to expand the conduct of the type of economic activity with an additional part, namely the sale of personal protective equipment, the licensee may submit to the licensing authority an application for the extension of the conduct of the type of economic activity, adding to it the documents specified in paragraph 5 of the License Conditions, approved Decree of the Cabinet of Ministers of Ukraine dated December 2, 2015 No. 1000.

We note that the first part of Article 164 of the Code of Ukraine on Administrative Offenses provides for administrative responsibility for conducting business activities without obtaining a license to conduct a type of business activity subject to licensing in accordance with the Law.